Bill Text: NY A02641 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits multiple party designations for candidates for public office, except for a judicial office; provides that where a person has been designated as candidate for nomination of more than one party for the same public office and accepts designations of a party of which such person is not enrolled, all such other designations shall be deemed to have been declined.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02641 Detail]

Download: New_York-2019-A02641-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2641
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2019
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the election law, in relation  to  prohibiting  multiple
          party  designations  for  candidates  for  public office and to repeal
          subdivision 5 of section 7-104 of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section  6-146 of the election law is
     2  amended to read as follows:
     3    1.  A person designated as a candidate for  nomination  or  for  party
     4  position,  or  nominated  for  an  office,  otherwise  than at a primary
     5  election, may, in a certificate signed and acknowledged by him  or  her,
     6  and  filed as provided in this article, decline the designation or nomi-
     7  nation; provided, however, that, if designated or nominated for a public
     8  office other than a judicial office by a party of which he or she is not
     9  a duly enrolled member, or if  designated  or  nominated  for  a  public
    10  office  other than a judicial office by more than one party or independ-
    11  ent body or by an independent  body  alone,  such  person  shall,  in  a
    12  certificate signed and acknowledged by him or her, and filed as provided
    13  in  this article, accept the designation or nomination as a candidate of
    14  each such party or independent body other than  that  of  the  party  of
    15  which  he  or  she  is an enrolled member, otherwise such designation or
    16  nomination shall be null and void; provided, further, however, that if a
    17  person who has been designated as a candidate for the nomination of more
    18  than one party for the  same  public  office,  except  judicial  office,
    19  accepts  the  designation of a party of which he or she is not enrolled,
    20  all other such designations of such candidate for such office  shall  be
    21  deemed  to have been declined. If a person who accepts the nomination of
    22  an independent body for an office, except judicial office, is also nomi-
    23  nated by a party for such office, such nomination  of  such  independent
    24  body shall be deemed to have been declined.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00738-01-9

        A. 2641                             2
     1    § 2. Subdivision 4 of section 7-104 of the election law, as amended by
     2  chapter 165 of the laws of 2010, is amended to read as follows:
     3    4. (a) The names of all candidates nominated by any party or independ-
     4  ent body for an office shall always appear in the row or column contain-
     5  ing  generally  the names of candidates nominated by such party or inde-
     6  pendent body for other offices [except as hereinafter provided].
     7    (b) When the same person has been nominated for an office to be filled
     8  at the election by more than one party, the voting machine shall  be  so
     9  adjusted  that  his  or  her  name  shall  appear  in each row or column
    10  containing generally the names of candidates for other offices nominated
    11  by any such party.
    12    (c) [If such candidate has also been nominated by one  or  more  inde-
    13  pendent  bodies, his or her name shall appear only in each row or column
    14  containing generally the names of candidates for other offices nominated
    15  by any such party and the name  of  each  such  independent  body  shall
    16  appear  in one such row or column to be designated by the candidate in a
    17  writing filed with the officer or board charged with the duty of provid-
    18  ing ballots, or if such person shall fail to so designate, the names  of
    19  such independent bodies shall appear in such row or column as such offi-
    20  cer or board shall determine.
    21    (d)  If  any person shall be nominated for any office by one party and
    22  two or more independent bodies his or  her  name  shall  appear  on  the
    23  voting machine twice; once in the row or column containing generally the
    24  names  of candidates for other offices nominated by such party, and once
    25  in the row or column containing generally the names of candidates  nomi-
    26  nated  by  the  independent  body designated by such person in a writing
    27  filed with the officer or board  charged  with  the  duty  of  providing
    28  ballots  and  in  connection with the name of such person in such row or
    29  column shall appear the name of each independent body nominating him  or
    30  her  or,  if  such  person  shall fail to so designate, the name of such
    31  candidate and the names of such independent bodies shall appear in  such
    32  row or column as such officer or board shall determine.
    33    (e)  If  any  person is nominated for any office only by more than one
    34  independent bodies, his or her name  shall  appear  but  once  upon  the
    35  machine in one such row or column to be designated by the candidate in a
    36  writing filed with the officer or board charged with the duty of provid-
    37  ing  ballots,  or  if  the  candidate shall fail to so designate, in the
    38  place designated by the officer  or  board  charged  with  the  duty  of
    39  providing  ballots,  and  in connection with his or her name there shall
    40  appear the name of each independent body nominating  him  or  her,  but,
    41  where  the  capacity of the machine will permit, the name of such person
    42  shall not appear or be placed in a column or on a horizontal  line  with
    43  the  names  of persons nominated by a party for other offices] No person
    44  may be the candidate of more than one party or independent body for  the
    45  same office, except judicial office.
    46    § 3. Subdivision 5 of section 7-104 of the election law is REPEALED.
    47    § 4. This act shall take effect on the first of December next succeed-
    48  ing the date on which it shall have become a law.
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